Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") are a binding agreement between you and FeedbackGraph ("FeedbackGraph", "we", "us", or "our") and govern your access to and use of our website, products, embeddable widget, APIs, and related services (the "Service"). By accessing or using the Service, clicking to accept, or signing up, you agree to these Terms and to our [object Object]. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and "you" refers to that organization. You must be at least 16 years old (or the age of majority where you live) and not barred from using the Service under applicable law.

2. Definitions

Account

The account you register to access the Service.

Customer Data

Reports, media, technical context, and other content you or your end users submit to or through the Service, or that you import.

End user

A person who submits a report through your widget or reporter page.

Order

Your selection of a plan, seats, or add-ons at checkout or in-app.

Documentation

The usage guides and materials we make available for the Service.

3. The Service and license

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service and to embed the widget on properties you own or control, during your subscription term and solely for your internal business purposes.

You may not, and may not permit anyone to: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, or attempt to derive source code, except to the extent this restriction is prohibited by law; (c) resell, sublicense, rent, or provide the Service to third parties as a service bureau; (d) remove proprietary notices; (e) use the Service to build a competing product or to benchmark without our consent; or (f) access the Service other than through our supported interfaces.

4. Accounts and eligibility

You must provide accurate, current information and keep it up to date. You are responsible for all activity under your Account, for maintaining the confidentiality of your credentials, for your users and their compliance with these Terms, and for configuring roles, permissions, and security features (such as multi-factor authentication). Notify us promptly of any unauthorized use or security breach.

5. Plans, trials, and beta features

The Service is offered under different plans with different features and usage limits (such as seats, projects, reports, and AI usage). Quotas are enforced per plan, and we may meter, cap, or throttle usage to protect the Service. We may change plan features and limits on a prospective basis as described in Section 20.

Free trials, if offered, convert to the selected paid plan at the end of the trial unless you cancel before then. A lifetime plan, where offered, is a one-time purchase that is feature-flagged and quantity-capped while available, applies only to the features included at purchase, and lasts for the commercially reasonable lifetime of the Service (it does not oblige us to operate the Service indefinitely).

We may offer features labeled beta, preview, or experimental. These are provided "as is," may be changed or discontinued at any time, are excluded from any service commitments, and are used at your own risk.

6. Billing, payment, taxes, and refunds

Payments are processed by Polar acting as our Merchant of Record and reseller of the Service. Your purchase is therefore also subject to Polar’s terms and privacy policy, and Polar (not us) is the seller of record for the transaction, handling checkout, invoicing, taxes, and payment disputes. Prices are shown in US dollars or, for India, in Indian rupees, with the currency selected at checkout.

• Authorization and auto-renewal. Paid subscriptions renew automatically for successive periods (monthly or annual, as selected) until canceled, and you authorize recurring charges to your payment method for the then-current fees plus applicable taxes until you cancel.
• Cancellation. You may cancel at any time; cancellation takes effect at the end of the current billing period, and you retain access until then. Except as required by law or expressly stated, fees already paid are non-refundable and are not prorated.
• Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes (such as VAT and GST); where our Merchant of Record is required to collect them, they will be added at checkout.
• Price changes. We may change fees; changes apply to renewals after we give notice as described in Section 20, and you may cancel before a change takes effect.
• Non-payment. If a charge fails or an amount is overdue, we may suspend or downgrade the Service after reasonable notice.
• Refunds. Any refunds are handled by our Merchant of Record in accordance with the refund policy presented at purchase. Nothing here limits any non-waivable statutory refund or withdrawal rights you may have as a consumer.
• Chargebacks. If you initiate a chargeback or payment dispute for a valid charge, we may suspend the Service pending resolution.

7. Acceptable use

You agree not to, and not to allow any user or third party to:

• Use the Service in violation of any law, regulation, or third-party right, or to transmit unlawful, infringing, defamatory, or harmful content.
• Upload malware, or attempt to gain unauthorized access to, disrupt, or breach the integrity or tenant isolation of the Service or any other tenant’s data.
• Probe, scan, or test the vulnerability of the Service, or circumvent security or authentication, except under an authorized testing program.
• Abuse the ingestion API, exceed your plan’s limits, or impose an unreasonable load, including through automated scraping or excessive requests.
• Use the Service to knowingly collect data from children in violation of law, or to collect sensitive personal data the Service is not intended to process (such as payment card numbers, government IDs, or health or biometric data).
• Misrepresent your identity or affiliation, or use the Service to send spam or unsolicited communications.
• Use the Service in any high-risk environment where failure could lead to death, personal injury, or severe physical or environmental damage.

We may investigate suspected violations and may remove content or suspend access as described in Section 14.

8. Customer Data and content

As between you and us, you own and retain all right, title, and interest in your Customer Data. You grant us a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, maintain, and improve the Service, to comply with law, and as otherwise instructed by you. We process personal data within Customer Data as your processor in accordance with the Privacy Policy and, where applicable, our Data Processing Agreement, which is incorporated into these Terms by reference when in effect. You may export or delete your data as described in the Privacy Policy and in-product Settings.

You represent and warrant that you have all rights, consents, and lawful bases necessary for us to process Customer Data as contemplated by these Terms, and that Customer Data and its use do not violate any law or third-party right. We may create and use aggregated or de-identified data that does not identify you or any individual to operate and improve the Service.

9. Your responsibilities and compliance

Because you decide what the widget captures and from whom, you are the controller of the personal data in your Customer Data and are responsible for compliance with the laws that apply to you, including:

• Providing end users with any required privacy notices and obtaining any required consent for capture, including screenshots, recordings, session replay, cookies, and diagnostic context.
• Configuring the redaction, consent, retention, and capture settings appropriately for your use case, and honoring end users’ privacy rights.
• Not enabling capture on pages, or of fields, where doing so would be unlawful, and using the provided controls to exclude sensitive elements.
• Ensuring your use of any connected integration complies with that provider’s terms.

10. Third-party services and integrations

The Service can connect to third-party services you choose, such as issue trackers and messaging tools (for example, Jira, Linear, GitHub, Slack, Intercom, Zendesk, Zapier, or custom webhooks) and, on eligible plans, an AI/LLM provider you configure. When you enable an integration, you authorize us to exchange data with it at your direction. Third-party services are governed by their own terms and privacy policies; we do not control them and are not responsible for their availability, security, or acts or omissions. Your use of a third-party service is at your own risk.

11. Intellectual property

The Service, including all software, models, designs, text, graphics, and the look and feel, and all related intellectual property rights, are and remain owned by us and our licensors. Except for the limited rights expressly granted in these Terms, we reserve all rights. Our names, logos, and marks are our trademarks; you may not use them without our prior written consent. You may not use the Service to infringe our or any third party’s intellectual property.

12. Feedback

If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback for any purpose, without any obligation or compensation to you.

13. Confidentiality

Each party may access the other’s confidential information in connection with the Service. Each party will use the other’s confidential information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to its personnel and advisors who need to know and are bound by confidentiality obligations, or as required by law (with notice where permitted). This does not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or rightfully received from a third party.

14. Term, suspension, and termination

These Terms apply while you use the Service and for as long as you have an Account. You may terminate at any time by canceling your subscription and closing your Account. We may terminate or suspend your access, in whole or in part, with or without notice, if: (a) you materially breach these Terms (including the Acceptable Use section) and do not cure it within a reasonable time where curable; (b) your payment is overdue; (c) we reasonably believe suspension is needed to protect the Service, other users, or any person; or (d) we are required to do so by law.

On termination, your right to use the Service ends. We will make Customer Data available for export for 30 days after termination, after which we may delete or anonymize it except where retention is required by law. Sections that by their nature should survive termination — including ownership, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

15. Disclaimers of warranties

The Service, including any AI outputs, beta features, and third-party integrations, is provided "AS IS" and "AS AVAILABLE," with all faults and without warranties of any kind. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure, timely, or error-free, that defects will be corrected, that AI outputs will be accurate or complete, or that the Service will meet your requirements. AI outputs are probabilistic and advisory; you are responsible for reviewing them before relying on them. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you, and nothing here excludes any non-waivable warranty or consumer guarantee.

16. Limitation of liability

To the maximum extent permitted by law, neither party (and, for us, our affiliates, suppliers, and licensors) will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to the Service or these Terms, even if advised of the possibility and even if a remedy fails of its essential purpose.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amounts you paid to us (or to our Merchant of Record for the Service) in the 12 months before the event giving rise to the liability, or (b) US $100.

These limitations do not apply to liability that cannot be limited or excluded under applicable law — such as, in some jurisdictions, liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or your payment obligations and either party’s indemnification obligations. If applicable law does not allow the limitations above, they apply to the fullest extent permitted, and your statutory consumer rights are unaffected.

17. Indemnification

You will defend, indemnify, and hold harmless us and our affiliates, and our respective officers, directors, employees, and agents, from and against any third-party claims, demands, actions, and any resulting losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your Customer Data or the collection, content, or use of it; (b) your use of the Service in breach of these Terms or applicable law; (c) your violation of any third-party right, including privacy and intellectual-property rights; or (d) your failure to provide required notices or obtain required consents from end users.

We will promptly notify you of the claim, give you control of the defense and settlement (provided any settlement that imposes obligations on us requires our consent), and reasonably cooperate at your expense.

18. Compliance, export controls, and sanctions

You will comply with all applicable laws in your use of the Service, including data-protection, anti-spam, anti-corruption, export-control, and sanctions laws. You represent that you and your users are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive government sanctions, and are not on any restricted-party or denied-party list. You will not use or export the Service in violation of applicable export-control or sanctions laws.

19. Force majeure

Except for payment obligations, neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, denial-of-service attacks, or failures of third-party providers.

20. Changes to the Service and these Terms

We are continually improving the Service and may add, change, or discontinue features. We may also update these Terms. For material changes, we will provide reasonable notice — such as by email or in-product notice — before they take effect, generally at least 30 days in advance where practicable. Changes are effective on the date stated in the notice, and your continued use of the Service after that date constitutes acceptance. If you do not agree to a change, you must stop using the Service and may cancel.

21. Governing law and dispute resolution

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods. Subject to the arbitration agreement below, the parties submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, United States.

Informal resolution first

Before starting a formal proceeding, you agree to try to resolve the dispute informally by contacting legal@feedbackgraph.com and giving us 30 days to resolve it. Many disputes can be resolved this way.

Binding arbitration and class-action waiver (United States)

If you are in the United States, you and we agree that any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief in court to protect intellectual property or confidential information. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

To the extent permitted by law, disputes will be arbitrated only on an individual basis, and you and we waive any right to a jury trial and to participate in a class, collective, consolidated, or representative action. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court.

30-day opt-out: you may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@feedbackgraph.com with your name, account, and a statement that you opt out. Opting out does not affect any other part of these Terms.

Time limit and consumers

To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred. Nothing in this Section deprives you of the protection of the mandatory consumer-protection laws of your country of residence, or of your right to bring proceedings in your local courts where such rights cannot be waived — including for consumers in the EEA, the United Kingdom, and Australia, whose non-excludable rights and remedies are preserved.

22. General terms

• Entire agreement. These Terms, the Privacy Policy, any DPA, and any Order form the entire agreement between the parties about the Service and supersede prior agreements on the subject.
• Order of precedence. If there is a conflict, a signed agreement or DPA controls over these Terms, which control over the Privacy Policy, for the subject matter each covers.
• Assignment. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms bind permitted successors and assigns.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in effect.
• No waiver. A failure to enforce a provision is not a waiver of it or of the right to enforce it later.
• No third-party beneficiaries. Except for our affiliates and indemnified parties, these Terms create no third-party beneficiary rights.
• Independent contractors. The parties are independent contractors; these Terms create no partnership, agency, or employment relationship.
• Notices. We may give notices by email, in-product, or on our website; you agree to receive communications electronically. Send legal notices to us at the contact address below.
• Headings and language. Headings are for convenience only. These Terms are drafted in English, which controls over any translation.

23. Contact

Questions about these Terms? Contact legal@feedbackgraph.com. For product help, contact support@feedbackgraph.com.